Ending a McKinney Wrongful Death Case
If you are filing a wrongful death claim, you may have questions regarding how to close the case. McKinney wrongful death cases could be concluded like any other personal injury action: by settlement, trial, or appeal. Each conclusion comes with its own set of pros and cons, and each takes a different amount of time and effort. A seasoned injury attorney could walk you through each option to determine which is best for your unique case.
Settlements mean the case was resolved outside of court when the parties mutually agree on a resolution, and they typically require less time and money. However, a plaintiff could recover less in damages than what a jury may award. Additionally, the defendant may not admit to liability for the accident in a settlement. Settlements are often private, which could be beneficial should the involved parties want to remain confidential.
A trial process is generally longer than a settlement, but shorter than the appellate process. A trial could make determinations as to fault, and a plaintiff could potentially be awarded more in damages than he or she would in a settlement. Trial processes are also public record, unlike settlements.
If the determination of fault and damages go unchallenged, then the judgment is finalized and the case is finished. However, should either party in the case choose to appeal the judgment, then the case moves to the court of appeals for the appellate process.
All parties typically have appellate remedies in the event of a verdict or judgment that they feel is not supported by the law or by the facts. Regardless of which party appeals the judgment, the case could be slowed down for another year. There is a briefing back and forth between the parties, and there are oral arguments. The courts then decide the case and issue an opinion. That opinion can get reduced to the judgment by a judge, but one can also challenge it and then appeal to the state Supreme Court.
The Supreme Court hears cases by writ. The court has the discretion to take a case, but it does not have to. If the case goes to the Supreme Court, it could be difficult to determine the length of time the case will continue. It is common to see the case stretched out another year. Once an individual gets to the appellate courts, there is nothing that requires those courts to act in a certain timeframe.
Call an Injury Attorney in McKinney for Help
When it comes to the timeline for closing a case, settlements are frequently shorter than the trials, and trials are much shorter than the appellate court process. You cannot control whether or not the defendant or defendants will settle or try and appeal the case. However, your lawyer could do his or her best to reach a settlement that best benefits you. The best settlements occur when the plaintiff and lawyer are completely ready for trial. Therefore, it is important to contact an attorney immediately. A legal professional could work to help you find a happy ending in a McKinney wrongful death case. Call today.